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donnag · Jan 25, 2009, 10:21 AM

I have a 3year old son his father and his family do not see him he pays every month but I would like to take his parental rights away from him? How do I do it?

ScottGem · Jan 25, 2009, 10:22 AM

Why would you want to do that? The likelihood is that you will not be able to.

donnag · Jan 25, 2009, 10:34 AM

I would like to do this because the father has said when he feels like it he will see my son. I was all up for him seeling our son but he is coming up 3 and I feel that he has no right to make the decision anymore and it should be up to my son when he is old enough to make the decision if he wants to see his father. That's why I would like to know?

cdad · Jan 25, 2009, 10:55 AM

Originally Posted by donnag

i would like to do this because the father has said when he feels like it he will see my son. I was all up for him seeling our son but he is coming up 3 and i feel that he has no right to make the decision anymore and it should be up to my son when he is old enough to make the decision if he wants to see his father. thats why i would like to know?

For one thing it doesn't sound like you have grounds because he is supporting the child. Another thing is your approaching the rhelm of parental alienation. What that means is that you stand a good chance of losing custody altogether if you keep the current attitude. You need to be very careful with this. By the law your sons right to choose starts at 18 years of age. Otherwise its up to the courts and the judges to decide.

ScottGem · Jan 25, 2009, 11:49 AM

Courts are very reluctant to terminate parental rights. Basically, they will only do so if there is a step parent waiting to adopt or the parent is a danger to the child. Neither appears to be the case here.

However, if a visitation schedule has been set by the courts and the father keeps missing his visits, then you can go to the court and request that visitation be suspended. Not sure if you will get it, but it's a greater possibility then a TPR.

I understand you don't like the idea of the father coming and going in your son's life as he pleases. And you do have some control over that. That should be your focus not a TPR.